AP US GOV TEST#1

Article VII

RATIFICATION of the Constitution

Article VI

the Constitution, treaties, and all laws passed by Congress are the "SUPREME LAW OF THE LAND"

Article V

AMENDING the Constitution

Article IV

RELATIONS among states

Article III

JUDICIAL Branch

Article II

EXECUTIVE Branch

Article I

LEGISLATIVE Branch

Three-Fifths Compromise

Three-fifths of slaves counted for the purpose of TAXATION and REPRESENTATION

The Great Compromise

BICAMERAL legislature, representation based on POPULATION

Montesquieu

separation of powers

Engel v. Vitale (1962)

Ruled that New York's MANDATORY, NON-DENOMINATIONAL PRAYER in PUBLIC SCHOOLS violated the 1ST AMENDMENT'S ESTABLISHMENT CLAUSE

Wisconsin v. Yoder (1972)

Ruled that Wisconsin's COMPULSORY EDUCATION LAW violated the FREE EXERCISE CLAUSE of the 1ST AMENDMENT when applied to Amish families

Texas v. Johnson (1989)

Ruled that burning the American flag is a form of SYMBOLIC SPEECH protected by the 1ST AMENDMENT

McDonald v. Chicago (2010)

Ruled that the 2ND AMENDMENT's right to bear arms, as it applies to the federal government, also applies to state and local governments via the 14TH AMENDMENT'S DUE PROCESS CLAUSE

Lemon v. Kurtzman (1971)

Ruled that STATE FUNDING FOR RELIGIOUS SCHOOLS in Pennsylvania and Rhode Island was unconstitutional. The court established the LEMON TEST, a three-part test to determine IF GOVERNMENT ACTIONS VIOLATE THE ESTABLISHMENT CLAUSE OF THE 1ST AMENDMENT, which prohibits government endorsement of religion.

Gregg v. Georgia (1976)

Upheld the CONSTITUTIONALITY OF DEATH PENALTY, finding that it was NOT A CRUEL AND UNUSUAL PUNISHMENT when applied with appropriate safeguards. (8TH AND 14TH AMENDMENTS)

Furman v. Georgia (1972)

Halted capital punishment nationwide by ruling that the way the death penalty was being applied was unconstitutional. The justices found that existing DEATH PENALTY STATUTES allowed for ARBITRARY AND DISCRIMINATORY APPLICATION, violating the 8TH AND 14TH AMENDMENTS

Gideon v. Wainwright (1963)

Ruled that all states are required to provide LEGAL COUNSEL to indigent defendants CHARGED WITH A FELONY via the 6TH AMENDMENT

District of Columbia v. Heller (2008)

Established that the 2ND AMENDMENT protects an individual's right to POSSESS FIREARMS for TRADITIONALLY LAWFUL PURPOSES, including self-defense in the home.

Roe v. Wade (1973)

Established a woman's RIGHT TO ABORTION, based on the RIGHT TO PRIVACY under the 14TH AMENDMENT.

Escobedo v. Illionois (1964)

Overturned a murder conviction because the accused was never warned of his RIGHT TO REMAIN SILENT under the 6TH AMENDMENT.

Bradenburg v. Ohio (1969)

Struck down an Ohio law that PROHIBITED ADVOCACY OF VIOLENCE, holding it violated the 1ST AMENDMENT's guarantee of FREE SPEECH

Schenk v. United States (1919)

Established the "CLEAR AND PRESENT DANGER" TEST, stating that the 1ST AMENDMENT'S protection of free speech is NOT ABSOLUTE and can be limited when speech presents a CLEAR AND PRESENT DANGER of a substantive evil that Congress has the power to prevent.

Miller v. California (1973)

Established a three-part "MILLER TEST" for determining when SEXUALLY EXPLICIT MATERIAL is obscene and thus NOT PROTECTED by the 1ST AMENDMENT.

Griswold v. Connecticut (1965)

The Court recognized a ZONE OF PRIVACY within marriage, including the right to make decisions about contraception, which it found protected by the 1ST, 3RD, 5TH, AND 9TH AMENDMENTS

Mapp v. State of Ohio (1961)

Established the EXCLUSIONARY RULE at the state level, ensuring that states must abide by the 4TH AMENDMENT's protection against UNREASONABLE SEARCH AND SEIZURES

Miranda v. Arizona (1966)

Ruled that criminal suspects MUST BE INFORMED of their constitutional 5TH AND 6TH AMENDMENT rights before being interrogated by law enforcement.

Tinker v. Des Moines (1969)

Established that STUDENTS DO NOT LOSE their 1ST AMENDMENT RIGHTS to freedom of speech WHEN THEY ENTER SCHOOL PROPERTY

Hustler Magazine v. Falwell (1988)

The Court held that PARODIES OF PUBLIC FIGURES, even those INTENDING TO CAUSE EMOTIONAL DISTRESS, are PROTECTED by the 1ST and 14TH AMENDMENTS.

Gitlow v. New York (1925)

Ruled that the 1ST AMENDMENT's protection of FREE SPEECH and PRESS APPLIES TO THE STATES through the 14TH AMENDMENT

Near v. Minnesota (1931)

Ruled that states could NOT CENSOR PUBLICATIONS IN ADVANCE, even if the content was deemed malicious, scandalous, or defamatory, as this VIOLATED the 1ST AMENDMENT and principle of PRIOR RESTRAINT.

Bradwell v Illionois (1873)

Ruled that the PRIVILEGES AND IMMUNITIES CLAUSE of the 14TH AMENDMENT DID NOT INCLUDE the RIGHT TO PRACTICE A PROFESSION AS A WOMAN

University of California v. Bakke (1978)

Ruled in a split 4-4 decision that while AFFIRMATIVE ACTION in college admissions WAS CONSTITUTIONAL, the use of STRICT RACIAL QUOTAS WAS NOT

Shaw v. Reno (1993)

Ruled that RACIAL GERRYMANDERING, where district lines are drawn primarily based on race, is UNCONSTITUTIONAL under the EQUAL PROTECTION CLAUSE of the 14TH AMENDMENT, even if it's intended to increase minority representation

Civil Rights Act of 1957

made it a federal crime to prevent qualified persons from voting

Civil Rights Act of 1964

outlawed discrimination based on race, color, religion, sex, or national origin

Voting Rights Act

outlawed literacy tests and allowed federal oversight of voter registration

1st Amendment

Freedom of Religion, Speech, Press, Assembly, and Petition

2nd Amendment

Right to keep and bear arms

3rd Amendment

No quartering of soldiers

4th Amendment

Freedom from unreasonable searches and seizures

5th Amendment

Criminal Proceedings; Due Process; Eminent Domain; Double Jeopardy; Protection from Self incrimination

6th Amendment

The right to a Speedy Trial by jury, representation by an attorney for an accused person

7th Amendment

Right to a trial by jury in civil cases

8th Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

9th Amendment

Citizens entitled to rights not listed in the Constitution

10th Amendment

Powers not given to federal government go to people and States

13th Amendment

Abolition of slavery

14th Amendment

birthright citizenship, equal protection clause, incorporation clause

15th Amendment

Citizens cannot be denied the right to vote because of race, color , or previous condition of servitude

24th Amendment

Abolishes poll taxes